US Code

Public Law 119-73 (01/23/2026)

33 U.S.C. § 2718

Relationship to other law

(a)

Preservation of State authorities; Solid Waste Disposal Act

Nothing in this Act or the Act of shall—
(1)
affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
(A)
the discharge of oil or other pollution by oil within such State; or
(B)
any removal activities in connection with such a discharge; or
(2)
42 U.S.C. 6901 affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act ( et seq.) or State law, including common law.
(b)

Preservation of State funds

section 9509 of title 26Nothing in this Act or in shall in any way affect, or be construed to affect, the authority of any State—
(1)
to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
(2)
to require any person to contribute to such a fund.
(c)

Additional requirements and liabilities; penalties

section 9509 of title 26Nothing in this Act, chapter 305 of title 46, or , shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—
(1)
to impose additional liability or additional requirements; or
(2)
to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;
relating to the discharge, or substantial threat of a discharge, of oil.
(d)

Federal employee liability

section 2679(b)(2)(B) of title 28For purposes of , nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer’s or employee’s personal or individual capacity for any act or omission while acting within the scope of the officer’s or employee’s office or employment.

Pub. L. 101–380, title I, § 1018104 Stat. 505Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(6)139 Stat. 1836(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 101–380104 Stat. 484section 2701 of this titleThis Act, referred to in text, is , , , known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Mar. 3, 1851, ch. 439 Stat. 635Pub. L. 109–304120 Stat. 1509section 101 of Title 46Act of , referred to in subsec. (a), is , , which was incorporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, and was classified to sections 182, 183, and 184 to 188 of Title 46, Appendix, Shipping, prior to being repealed and restated in chapter 305 of Title 46, Shipping, by , §§ 6(c), 19, , , 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding .

Pub. L. 89–27279 Stat. 997Pub. L. 94–580, § 290 Stat. 2795section 6901 of Title 42The Solid Waste Disposal Act, referred to in subsec. (a)(2), is title II of , , , as amended generally by , , , which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 119–6046 U.S.C. 1832025—Subsec. (c). substituted “chapter 305 of title 46” for “the Act of ( et seq.)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Report on Vessel Safety and Ability To Meet Legal Obligations

Pub. L. 102–241, § 32105 Stat. 2222

Public Law 101–380104 Stat. 48433 U.S.C. 2718“Not later than one year after the date of enactment of this Act [], the Secretary of Transportation shall report to Congress on the effect of section 1018 of the Oil Pollution Act of 1990 (; ) [] on the safety of vessels being used to transport oil and the capability of owners and operators to meet their legal obligations in the event of an oil spill.”
, , , provided that: